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HomeMy WebLinkAbout11/07/1990PLANNING COMMISSION MINUTES CITY OF APPLE VALLEY November 7, 1990 1. CALL TO ORDER The November 7, 1990 meeting of the Apple Valley Planning Commission was called to order by Acting Chairman Richard Carlson at 7:34 p.m. in the City Council Chambers of the City of Apple Valley City Hall. Members Present: Acting Chairman Carlson, Members Sterling, Kitzman, Gowling, and Edgeton. Members Absent: Erickson and Felkner. Staff Present: Richard Kelley, Meg McMonigal, Scott Hickok, Lon Anne, Dennis Miranowski, and Dennis Welsch. Others Present: See sign -in sheet. 2. APPROVAL OF THE AGENDA The proposed agenda for the November 7, 1990 meeting was approved as submitted. 3. APPROVAL OF THE MINUTES OF OCTOBER 17, 1990 The minutes of the October 17, 1990 Planning Commission Meeting were approved as submitted by a vote of 4 in favor and 1 abstention ( Edgeton). 4. CONSENT AGENDA (One motion sends items needing no discussion on to the City Council with the staff recommendations.) - None - 5. PUBLIC HEARINGS - None - Planning Commission Minutes November 7, 1990 Page 2 6. LAND USE /ACTION ITEMS A. Zoological Garden Fence Variance LOCATION: West Side of Johnny Cake Ridge Road at 126th Street PETITIONER: Minnesota Zoological Garden (PC90- 057 -V) STAFF REPORT: November 7, 1990 by Associate Planner Meg McMonigal Chairman Richard Carlson opened the land use /action item on the Zoological Garden Fence Variance stating this is not a public hearing, but input and comments will be accepted. Associate Planner Meg McMonigal presented the following information regarding the variance request: 1) The variance is required because the location of the fence is different from the Planned Unit Development Agreement. 2) The land intended for public access /trail would be fenced in. 3) The proposed fence is a chain link, 10 foot fence with barbed wire. A fence over 6 feet requires a permit; a fence over 8 feet requires City Council approval, The Planned Unit Development Agreement requires that the fence be vinyl -clad. A barbed wire fence also requires City Council approval. brainworm disease that the deer can carry, security The City Staff recommended denial as there is not a practical hardship for changing the location of the fence. Dick Buske, representing the Zoo, had met this Wednesday with City Administrator Tom Melena and proposed to move the fence west 10 - 20 feet of the existing fence line in the southern portion, but leave it to the east around the pond near Johnny Cake Ridge Road. He indicated he does not want to move the fence location because of existing trees. Richard Carlson stated that the compromise proposal still does not meet requirements of the Planned Unit Development Agreement. He asked staff for clarification. Marcia Gowling asked why the fence needs to go around the pond on the east side, rather than the west. Dick Buske responded that deer control and the brainworm disease that the deer can carry, security of the site, and also, to reduce access to the ponds for the deer. Marcia Gowling asked what percent of the deer carry the disease. Dick Buske did not know but stated 16 deer were captured in 1990. Planning Commission Minutes November 7, 1990 Page 3 Virginia Sterling asked why not use the 5 foot fence location. She stated that the Planned Unit Development Agreement requires some open space dedication. Dick Buske stated no action had been taken on the plan in 10 years. Gene Kitzman asked what the hardships are in moving the fence from the original plan. Dick Buske responded that, 1) the current fence location must cut a swath 10 - 15 feet in width for construction of fence line and fence installation equipment, 2) Oak trees would be damaged and removed and 3) the construction would damage the root systems. Richard Carlson indicated that fences can be installed in a manner that would not require a 10 - 15 foot clearing. Associate Planner Scott Hickok presented pictures of the various sites, showing that a swath already exists where the fence could be located. Chuck Doyle, 12902 Johnny Cake Ridge Road, stated that Exhibit B" was a poor picture. He was not notified by the Zoo about the fence. The fence should be moved back or reduced to 5 feet in height. Eldon Brudos, 1829 Walnut Lane, Eagan, representing Shepherd of the Valley Lutheran Church, stated the church does not like the appearance of the fence. It is very unattractive. Diane Armenta, 5856 126th Street W., states the fence looks like Stillwater Prison. Ugly. Tom Schultz, fence project manager, stated the following: 1) the fence stays outside of the hills to eliminate deer from jumping, 2) the fence is set back 8 feet the from trail, 3) hills would allow jumping, 4) fencing in pond eliminates possibility of deer using the water, 5) no cover for deer for 1,600 feet, and 6) can erect fence vertically, but need big, heavy machinery. Richard Carlson stated the City fence is not aesthetically pleasing. fence - the only question is the location. has tried to maintain aesthetics. The No one questions the need for the Karen Edgeton commented it eliminates the source of water for the deer. Planning Commission Minutes November 7, 1990 Page 4 Tom Schultz stated the following: 1) Gate 2 opens 100 times /day, 2) deer will run a fence line, follow the gate, then enter, 3) fence is expensive, and 4) trying to qualify for approved quarantine status for hoofed stock. Karen Edgeton asked why fence the east side of the pond. Tom Schultz responded reduced cover if on the east side of the pond. Marcia Gowling said she thought the fence on the east side of the pond would force animals into the street. Gene Kitzman stated the Zoo acknowledged that Virginia Creeper, Sumac, Honeysuckle, and Dogwood would be planted. Dick Buske responded that plans are variable based on the location of the fence. Richard Carlson stated that the Zoo should submit a landscape plan. Virginia Sterling asked how many animals have been infected. Dick Buske responded that none have been. Tom Schultz said the fence would be 5,400 feet long and 1,600 feet on the east side. Ray Ardts, 13140 Doyles Court, said he is distrustful of the Zoo. They have good faith, but no effort has been shown. Aesthetics of saved trees is diminished if seen through a fence. Greg Zeno, 6105 West 130th, asked if a 10 foot fence would be placed at the entry and where is the water on the south side. He was told there would not be a fence near the main entrance. He commented that the suggested plantings on the fence are actually food for the deer and would attract, rather than repel, them. He is opposed to the fence. Dave Evans, 12640 Fairgreen Avenue, asked if a 10 foot fence is sufficient and what happens to deer trapped inside. He said the unilateral action of Zoo is irritating. He presented a petition to the Planning Commission (100 signatures) opposing the fence. Chuck Doyle suggested the fence be painted orange /white /turquoise, so the planes could see it. Steve Points, 14357 Gannon Way, representing South Suburban Evangelical Free Church, objects to the fence. Jill Marhavor, Eagan, stated that a taller fence would be all right, but it should be located in the same place as the 5 foot fence. Planning Commission Minutes November 7, 1990 Page 5 line Judy Finger, 13299 Ellis Court, is opposed to the fence location. Virginia Sterling stated the fence location should be along the south MOTION: A motion was made, by Member Gowling, seconded by Member Sterling, to recommend denial of the fence variance request as originally applied for. The motion carried unanimously 5 - 0. Richard Carlson recommended the neighborhood petition be sent to the City Council Thursday night, November 8, 1990. Richard Kelley illustrated the Zoo's alternate plan. The Zoo now is only asking for the fence to go around the pond on the east versus west side close to pond's edge. pond. path. Richard Carlson stated the fence should be on the west side of the Karen Edgeton asked how many feet are there between the pond and the Tom Schultz responded that there is about 20 - 25 feet with a steep embankment (4:1 slopes) for 300 feet on Johnny Cake Ridge Road. On the west side of the ponds, the edge is overgrown with willow. At the edge of the inner road way, there is only 8 feet and it drops abruptly. He stated that it is difficult to build adjacent to ponds. Richard Carlson's major concern was on what side of the pond to locate the fence. B. Rodeo Hills Porch /Deck Setback Variances LOCATION: Southwest Corner of the Intersection of Palomino Drive and Garden View Drive PETITIONER: Diedrich Builders, Inc. (PC90- 056 -V) STAFF REPORT: November 7, 1990 by City Planner Richard Kelley City Planner Richard Kelley provided a background report in which he described the request for a variance to allow constructed townhouse units to remain at a setback of 18.5 feet from deck to deck, whereas the code calls for a 40 foot setback between the side of one unit and the front or back of another unit. He noted that when the development plan was pre- pared only the primary structure for each unit was identified. This did not include any accessory or deck structures. The primary structures do meet the current setback requirements. The Planning Staff recommended approval of a variance between units 8, 9, and 10 to allow for an 18.5 foot minimum setback between decks and sun porches along a building line shown in Exhibit A. The Planning Staff also Planning Commission Minutes November 7, 1990 Page 6 recommended approval of a variance to allow a side to rear setback variance allowing units to set within 30 feet of each other along a building line described in Exhibit A. The staff also recommended that the developer submit a revised development plan illustrating the maximum extent of optional accessory decks and porches which conform to the required setbacks and approved variances as listed above. This plan must be posted in the sales office. Chairman Carlson asked applicant Diedrich if he had further comment. There was none. Roger Anderson, owner of unit 10, objected to the closeness of the units citing noise and privacy invasion issues. He expressed concern over his ability to identify what portions of the townhouse he owned are actually on the land he owns. Anderson noted that the design shown in the salesroom illustrated a 40 to 45 foot setback between units. He asked the Planning Commission for clarification regarding taxation. Chairman Carlson noted that the Planning Commission does not consider taxation issues in its' deliberation. These issues are handled by the County Assessor. A general discussion ensued regarding the setbacks of the existing units 9 and 10 into the common space. City Planner Kelley noted that without the decks or sun porches on either unit 9 or 10, the original units do meet the required 40 foot setback. Chairman Carlson noted that in this case, because both units 9 and 10 are built, the Planning Commission is requested to make an "after the fact" variance recommendation to allow the setback to remain as built. Member Kitzman asked if unit 9, which is unoccupied, could be modified to meet the setbacks. Applicant Diedrich stated that there are changes in the topography between units 9 and 10, which modify the privacy and noise issues. He did not answer the questions regarding whether unit 9 can be modified. Mrs. Roger Anderson stated that a porch could have been placed on the back of unit 9 instead of the area where it is currently constructed. MOTION: A motion was made by Member Kitzman, seconded by Member Gowling, to table further consideration of the variance issues until the next Planning Commission meeting. The motion carried 5 0. The Planning Commission asked the staff to determine the risk or exposure to the City wherein the City grants an "after- the -fact variance ", i.e. is the City infringing upon either party's rights or property values with this "after - the- fact" variance? The staff will request assistance from the City attorney. Planning Commission Minutes November 7, 1990 Page 7 C. Apple Valley Medical Center Variance LOCATION: 14655 Galaxie Avenue PETITIONER: Apple Valley Medical Center (PC90- 058 -V) STAFF REPORT: November 7, 1990 by Associate Planner Scott Hickok Associate Planner Scott Hickok described a variance request for on- site directional signage and building signs for the renovated 38,000 square foot Apple Valley Medical Center which lies within a limited business district. He noted that a variance is necessary to allow 9 additional square feet per sign on the on -site directional signs and a variance of 101 square feet is necessary to allow for the proposed building sign. The staff recommended approval of the variance for the building and the variance for the emergency entrance signs. MOTION: After a general discussion regarding signs, size, and location, Member Sterling moved, seconded by Member Gowling, to recommend approval of the necessary variances for the direction sign and the building sign as per the staff report. The motion carried unanimously 5 - 0. D. Sign Ordinance Revisions LOCATION: City of Apple Valley, Minnesota PETITIONER: City of Apple Valley STAFF REPORT: November 7, 1990 by Community Development Director Dennis Welsch Community Development consider tabling this issue provide more time for other unanimously tabled further the November 28, 1990 meeting. 7. DISCUSSION ITEMS A. Transportation Plan Director Dennis Welsch asked the Commission to until the next regular meeting in order to items on the agenda. The Planning Commission discussion of the sign ordinance revisions until Associate Planner Meg McMonigal presented some background information and introduced Beverly Miller, Director of Minnesota Valley Transit Authority. She made the following comments: The City of Apple Valley in conjunction with five other cities went through a process called 'opting out ". By opting out, we have access to up to 90% of the property tax levies that are collected in the Cities of Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount, and Savage. The State legislature requires that the existing level of service be maintained and beyond that, additional routes, schedules, and services (including park and ride sites and bus shelters) can be added. The idea is to take advantage Planning Commission Minutes November 7, 1990 Page 8 of property tax monies that are collected in the cities, and to have a local board make decisions about what types of transit service should be kept in our cities, where they should operate, what their costs should be, and what the subsidies are. There is quite a bit of service here now - eleven (11) routes. The MVTA will sign a contract with the Metropolitan Traffic Commission (MTC) to continue that service. MTC has been selected as the principle provider, meaning MTC will continue to provide all service. There are 2 routes that have a contract with Airport Express. MVTA will look at some of the other opportunities that will provide additional services. A routing analysis of all the existing services in Apple Valley has been done, showing how people are using the service, what the .need is for park and ride lots, what the subsidies are, and some ways to change some things with routing, rescheduling, or changing from one provider that is more costly to another provider. Basically, MVTA will do a comprehensive overall analysis of all the services that currently exist. MVTA can design some new services between the cities; servicing some of the industrial areas and providing some circulators throughout the area. MVTA is an opportunity for Apple Valley to become involved in transportation. The City has had a bird's eye view of transportation. MVTA and the City should look at how transit can be compatible, how it can fit in the community, and try and reach their needs. The MVTA Board is composed of a representative from each one of the six cities. The seventh member is collectively appointed by Burnsville /Apple Valley /Eagan. Annu- ally, the MVTA will return with an update of what is being considered, transportation changes that are going on, plans for service, and re- routing and re- structuring as we get into the process. QUESTIONS - COMMENTS ON BEVERLY MILLER'S PRESENTATION Chairman Carlson: I don't have any questions. One thing, I have been a supporter of the opt out since that provision and every since that capability was presented by the State Legislature because one of the crying needs south of the river is to provide some inter -city capability of trans- portation. This is a heavily populated area with children that are under age as far as driving. It is central suburbia - grab the car, throw the kids in, and run off to wherever it be - downtown Apple Valley or to the Burnsville Center. When I grew up in Minneapolis, it was a non - issue. If I had to get downtown, I walked a block, got on the bus, and away I went. It would be of benefit to everyone that lives south of the river. There are a lot of individuals too that don't drive or can't drive, but could avail themselves to some type of transportation system when fully implemented and developed. Planning Commission Minutes November 7, 1990 Page 9 Bev Miller responded that soon MVTA will receive the five -year plan of the Regional Transit Board (they are responsible for the seven county metro area); and transit is their third and last priority. Once they are done with the first and second priorities, then MVTA is served. MVTA has growing needs for service and the success of "opt out" has demonstrated that in every area they have been. Suburban areas just have not gotten the attention and priority. Suburbs also want a fast and frequent service to the downtowns. Suburban cities are willing to drive to park and ride lots if they are well - maintained, well -lit, in a good location, and there is security. The express rider should really more than double the amount of trips to the downtown. Businesses are starting to call on transit to do things in suburban areas. Cray Research, Blue Cross -Blue Shield, and Northwest Airlines have begun to realize that MVTA is available and that people would like to work in suburban areas, if given transportation. Often times people are used to having transportation, particularly if the company is moving from an inner city area. Some employees find no service and they have to leave. Employers are aware of the things that transit can do to serve them and their needs, too. Transit is becoming diverse. There are so many other opportunities to integrate services. How MVTA begins to meet all those needs is based on what funding is available. MVTA will be very careful and must justify where to run services and how to operate it. There will to be more needs than there are resources. Initially, MVTA will spend the first quarter or two of next year going through an analysis. There are a lot of riders now. The system carries over 3,000 riders a day. There is quite a lot of bus service here now. There are some very long routes and some very long ride times on the buses. There are some portions of the route that probably should be restructured. For example, on line haul buses the cost is $153.00 an hour, and with a small bus - $35.00 or $40.00 an hour. MVTA will determine additional needs in a number of ways. MVTA could do a number of different surveys: 1) survey on the buses where we survey existing riders, 2) survey on the employers, 3) random phone survey of people who lived in the area 4) survey the Transit Information Center The Transit Information Center is a part of the MTC that acts as a regional transit information agency. MVTA may extend its' survey to different social service organizations that provide services already in the area. MVTA does not want to duplicate any existing services, but wants to work in cooperation with them; to compliment each other. Planning Commission Minutes November 7, 1990 Page 10 The WTA is formed under a Joint Powers Agreement, but does not have taxing authority. The authority has to stay within the 90% of the tax levy for transit, which is about $3.4 million. 8. OTHER BUSINESS A. Revisions to November and December Meeting Schedule MOTION: A motion was made by Member Edgeton, seconded by Member Kitzman, to adjust meeting schedules to include a November 28th meeting and a December 19th meeting with no other meetings to be held during November and December of 1990. The motion carried 5 - 0. B. Election Congratulations Planning Commission Members and Staff congratulated Member Sterling for being elected to the City Council and wishes her well. C. Planning Commission Annual Christmas Party Date The date of the Planning Commission Christmas Party will be determined at the November 28, 1990 regular meeting of the Commission. 9. ADJOURNMENT The meeting adjourned at 9:48 p.m. kg